Zero hours contract workers in the UK are entitled to the National Minimum Wage, paid annual leave, rest breaks, and protection against discrimination — exactly the same as other workers. They cannot be legally excluded from whistleblowing protection or penalised for refusing shifts. The Employment Rights Act 2024 added new protections including the right to request a guaranteed hours contract after 12 weeks. Employers who treat zero hours workers as outside normal employment law are exposed to tribunal claims.
What is a zero hours contract?
A zero hours contract is an employment arrangement where the employer is not obliged to offer any minimum number of hours, and the worker is generally not obliged to accept any hours offered. Both parties have flexibility.
Zero hours arrangements are common in hospitality, retail, social care, and seasonal work. They are legal — but workers on them retain the same core employment rights as other workers.
Right 1: National Minimum Wage and Living Wage
Zero hours workers are entitled to be paid at least the National Minimum Wage (or National Living Wage if aged 21 and over) for every hour worked.
| Age | Rate from April 2025 | |---|---| | 21 and over (National Living Wage) | £12.21 per hour | | 18 to 20 | £10.00 per hour | | 16 to 17 | £7.55 per hour | | Apprentice | £7.55 per hour |
Unpaid training, travel between assignments, and time spent waiting to be told about shifts may all count as working time. HMRC can investigate minimum wage underpayment and issue penalties of up to 200% of the amount owed.
Right 2: Paid annual leave
Zero hours workers accrue paid annual leave from their first shift. The statutory entitlement is 5.6 weeks per year.
For irregular hours workers, annual leave accrues at a rate of 12.07% of hours worked — a rate introduced by the April 2024 reform to the Working Time Regulations following the Brazel v Harpur Trust Supreme Court case.
For example, a worker who works 100 hours in a reference period accrues 12.07 hours of paid leave.
Pay during annual leave is calculated using the worker's average pay over the previous 52 weeks in which they were paid (ignoring weeks with no pay).
Right 3: Rest breaks and working time limits
Zero hours workers are covered by the Working Time Regulations 1998:
- 20-minute break if the shift is longer than 6 hours
- 11 hours of rest between working days
- 24 hours of rest per 7-day period (or 48 hours per 14-day period)
- Maximum 48 hours average working week (which a worker can opt out of in writing)
If a worker is doing shifts across multiple employers, they carry responsibility for monitoring their own rest — but if you are the dominant employer, you should be aware of this.
Right 4: Protection from discrimination
Zero hours workers are protected from discrimination under the Equality Act 2010. The protected characteristics apply in full: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
A zero hours worker who is given fewer shifts because they are pregnant, or not offered work because of their race, has grounds for a discrimination claim. The fact they are on a zero hours contract does not reduce this protection.
Right 5: Cannot be penalised for working elsewhere
Since 2015, exclusivity clauses in zero hours contracts — clauses that prevent a worker from working for another employer — have been unenforceable. Workers on zero hours contracts have the legal right to work for more than one employer.
From 2023, further protections were added: a worker cannot be subjected to a detriment (such as being given fewer shifts) for working for another employer. If a worker is penalised for taking a second job, they can bring a tribunal claim.
Right 6: Right to request guaranteed hours (from 2024)
The Employment Rights Act 2024 introduced a new right: after 12 weeks of working a regular pattern of hours, a zero hours worker can request a contract that reflects that pattern.
The employer must consider the request and respond in writing. They can refuse if there is a genuine business reason — but they must explain the reason. Refusing without reason or victimising a worker who makes the request is unlawful.
This right applies to workers who have worked a regular pattern for at least 12 weeks. It does not force employers to offer permanent contracts, but it requires them to engage with the request seriously.
Right 7: Statutory Sick Pay and other statutory payments
Zero hours workers may be entitled to Statutory Sick Pay (SSP) if they earn at least the Lower Earnings Limit (£123 per week in 2025/26) and have been sick for more than 3 consecutive days.
Workers who meet the eligibility criteria are also entitled to:
- Statutory Maternity Pay
- Statutory Paternity Pay
- Shared Parental Pay
Eligibility depends on earnings and length of service. The fact that a worker is on a zero hours contract does not automatically exclude them.
Keeping records for zero hours workers
Zero hours workers present record-keeping challenges: hours vary, they may come and go, and multiple workers may share the same role. Poor records are the most common reason employers lose tribunal claims about pay and leave.
KornerIQ logs hours worked, calculates accrued leave in real time using the 12.07% method, and stores right-to-work checks and contracts — so your records are accurate regardless of how variable the hours are.
Frequently asked questions
Can I give a zero hours worker fewer shifts without a reason? You have flexibility on how many shifts you offer. However, if a reduction in shifts is linked to a protected characteristic, a worker raising a grievance, or a worker requesting guaranteed hours, it may constitute discrimination or victimisation. Keep records of your scheduling decisions.
Do zero hours workers get redundancy pay? Statutory redundancy pay requires 2 years of continuous employment. Zero hours workers can accrue continuous service if gaps between engagements are under 4 weeks. If a worker has worked regularly for 2 years or more, they may have a redundancy pay entitlement.
Is a zero hours worker an employee or a worker? Most zero hours contracts create a "worker" relationship rather than full employment. Workers have fewer rights than employees (no unfair dismissal protection under 2 years, no statutory redundancy pay). However, employment status depends on the actual relationship — if a zero hours worker is in practice controlled and managed like an employee, a tribunal may find they are an employee.
Can I ask a zero hours worker to be on call without pay? If a worker is required to be available and cannot reasonably use that time as they choose, the on-call time may count as working time and must be paid at National Minimum Wage. If they are genuinely free to do as they please and just asked to be contactable, it may not. Take advice if in doubt.
How do I calculate holiday pay for zero hours workers? Use the 12.07% method: for each period in which the worker is paid, calculate 12.07% of the hours worked — that is their accrued leave. When they take leave, pay them their average hourly rate over the previous 52 weeks in which they were paid.